New laws implemented by the NT government following public outcry over a violent crime are leading to a surge in arrests and overcrowding in the territory's prisons, putting pressure on the justice system.
The new NT government, elected on a tough-on-crime platform in August following widespread outrage over the death of 20-year-old bottle shop worker Declan Laverty, has implemented new laws that are straining the territory's justice system . An average of 41 Aboriginal people in the NT are being taken into custody every day, an increase of 123 per cent since 2019.
The laws extend a presumption against bail to all 'serious violence offences', including assaults, as well as for anyone charged with a 'serious offence' while already on bail for a serious offence and repeat offenders. The government also lowered the minimum age of criminal responsibility back to 10 after the previous Labor government raised it to 12. While promised youth camps as alternatives to youth detention are yet to materialise, Chief Minister Lia Finocchiaro said on Monday the new legislative measures would see 'more people arrested and remanded, which means safer streets'.The large number of prisoners needing to be processed meant Judge Fong Lim did not even have the required paperwork outlining the allegations against the prisoners she was seeing in court. Judge Fong Lim ultimately adjourned the cases but lawyers warned this was an unsafe situation, particularly if alleged domestic violence offenders were released before their cases were dealt with. 'If we don't know what that person is accused of and they're going to be released … that's not making the community safe,' criminal defence lawyer Clancy Dane said outside court on Wednesday. Adding to the pressures on the territory's justice system are funding shortfalls at the NT's two legal aid providers. The court could be forced to permanently stay criminal trials. The territory government announced a $3.9 million lifeline for LANT in November so trials could go ahead, but chairman Duncan McConnel SC said the cash injection could not be a one-off. Acting NAAJA CEO Anthony Bevan said on Friday the territory's entire justice system was 'close to breaking'. 'We are seeing those numbers starting to flow through to the justice system, the courts and into the prisons,' he said.'We had this from the NT Police Association this week that they are concerned there will be a death in custody as a result of the overcrowding, the use of facilities that are not meant to be jails. 'We share those concerns — they are serious concerns — we do not want to go back to the old days of seeing regular deaths in custody.' Announcing the appointment of three new acting Local Court judges on Friday, Attorney-General Marie-Clare Boothby indicated the pressure on the justice system was necessary. 'Everything is on the table when it comes to making sure that our community's safe and that we have those offenders off the streets.
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